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Articles 1 - 3 of 3
Full-Text Articles in Law
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Rod Smolla
No abstract provided.
Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish
Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article argues that development of the modern university in many ways mirrors that of the modern state. Over time it has become increasingly centralized and bureaucratic with power passing from its members to the central administration. This has led to a bureaucratization of the university mind. In turn this has increased the tendency of universities to more extreme forms of scholasticism. The consequence is the creation of knowledge which is removed from the wider world and which mirrors its bureaucratic nature. In such a world there can be no true creativity or beauty. The only way to reverse this …
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …